Should I use colloquy for this witness?

I had a witness who repeatedly was trying to speak to people in the room other than the attorney.  Every time he did, the attorney would let him know that they weren’t allowed to answer. 

Here’s an example.  I’m going to make it simple, not an actual transcript.  Let’s pretend in this situation the witness is talking to his wife who is sitting in the corner.

Q         Do you remember where you put your keys that day?

                        THE WITNESS:  Do you remember where I put my keys that day?

BY MR. SMITH:

Q         You have to answer the question yourself, sir.  If you do not know the answer, say so.

He did this like 10 times!  So my question is:  Do I put it in colloquy, like I did in my example?  And do I need to add some type of parenthetical explaining who he was taking to???  Please help.  I have to finish this tonight.

Thanks

I would do colloquy like you had it but not try to indicate whom he was speaking to since that's not really our place to determine.  I usually put the witness in colloquy even when they're addressing their own attorney as opposed to the questioning attorney.

I would just do normal Q & A since the attorney is instructing him to answer the question himself. 

If it was actually your scenario where the wife was sitting in the corner, since she would be listed on the appearance page as also present, it would be obvious enough when anybody else was reading the trancript to know that he was asking the question to his wife.

Since the wife's appearance is listed on the appearance page, I would

use the colloquy format with this parenthetical:

           THE WITNESS:  (To Mrs. Smith)  Do you remember where I put my keys that day?

I agree:  it's colloquy and do not say who they're talking to.  That would be a judgment call.  They could be looking at the wife and later say "hey, I was talking to my attorney."  We do the best we can to report what's said.  We're not writing a novel!  Thank goodness.